News & Analysis as of

Private Right of Action Employment Policies

Ogletree, Deakins, Nash, Smoak & Stewart,...

City of Chicago Expands Paid Leave for Employees in New Ordinance

On November 9, 2023, the Chicago City Council adopted the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, expanding the current Chicago Paid Sick Leave Ordinance to provide eligible employees with the ability to...more

Seyfarth Shaw LLP

Hands Off My Inventions! New York Imposes New Restrictions on Employment Agreements

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On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more

Foley & Lardner LLP

States Take Efforts to Limit Protections Afforded by Local Employment Laws

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Employment policies often state that they will be administered in accordance with “applicable federal, state, or local law.” However, when it comes to local law, the second- and third-largest states in the U.S. have acted to...more

Partridge Snow & Hahn LLP

Rhode Island Legislative Update

It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island based employees. 2023 was no different. Following is a short summary of...more

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

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Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

Seyfarth Shaw LLP

Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

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Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada...more

Holland & Hart LLP

Could Recreational Marijuana Use Jeopardize a Nevada Employee's Job?

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Recreational marijuana use is legal under Nevada state law. But could recreational marijuana use jeopardize an employee’s employment? Nevada voters voted to legalize recreational marijuana use effective January 1, 2017. The...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more

Farella Braun + Martel LLP

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

McNees Wallace & Nurick LLC

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more

Jackson Lewis P.C.

Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Right Of Action

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A Pennsylvania federal court refused to dismiss an employee’s claim for violation of the Pennsylvania Medical Marijuana Act (MMA), reasoning that the Pennsylvania Supreme Court is likely to recognize a private cause of action...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

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Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

Seyfarth Shaw LLP

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

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In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Jackson Lewis P.C.

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

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A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more

ArentFox Schiff

New York Employers Must Update Employee Handbooks to Provide Notice of Ban on Discrimination Based on Reproductive Health...

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Time is of the Essence: Effective January 7, 2020, New York employers who have an Employee Handbook must include in the Handbook a notice of employees’ rights to be free of discrimination and retaliation on the basis of their...more

Fisher Phillips

Oregon Court Of Appeals Decides There’s No Such Thing As A Free Lunch

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The Oregon Court of Appeals just held that employers may be held liable not only for failing to allow employees to take meal breaks, but also for failing to ensure that employees take meal breaks to which they are entitled....more

Stokes Wagner

California Governor Newsom Signs Landscape-Changing Worker-Friendly Bills

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On October 10, 2019, Governor Newsom signed AB 51 and AB 9 into law. These two worker-friendly laws may require employers to review and revise current policies and procedures relating to employment-related claims....more

Holland & Knight LLP

Prepare to Implement Paid Family and Medical Leave Under New Massachusetts Law

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Massachusetts employers should be making their final preparations for the Massachusetts Paid Family and Medical Leave (PFML) program in advance of the Oct. 1, 2019, effective date for payroll deductions. This Holland & Knight...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Michigan Court of Appeals Rules in Favor of Employer in Medical Marijuana Case

On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of...more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Should Continue to Exercise Caution Regarding Marijuana Policies

As more states implement laws legalizing marijuana in some form or another, employers should pay close attention to whether those statutes include protections for covered individuals. A previous post in HRLegalist outlined...more

Fisher Phillips

Westchester County Mandates Employee Sick Leave

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Westchester County has just enacted an Earned Sick Leave Law which will soon require Westchester employers to provide sick leave to its employees. All Westchester employees—both full-time and part-time—who work more than 80...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

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